LAWS(SC)-1990-3-44

UNION OF INDIA Vs. BAKSHI RAM

Decided On March 01, 1990
UNION OF INDIA Appellant
V/S
BAKSHI RAM Respondents

JUDGEMENT

(1.) Special leave granted.

(2.) Bakshi Ram respondent was a constable in the Central Reserve Police Force at Devly in Rajasthan. On 17th March, 1971 at about 8.45 p.m. he along with another constable forced entry into the room of Garib Das the constable of the CRP Group Centre band platoon. Garib Das was then not present in the room. His wife Savitri Devi who was .inside tried to prevent their entry, but in vain. Both the constables caught hold of her and misbehaved with her.

(3.) The respondent was tried for an offence under S. 10(1) of the Central Reserve Police Force Act, 1949. S. 10 of the Act sets out less heinous offences and S. 10(1) refers to any act or omission which, though not specified in the Act, is prejudiciable to good order and discipline. On the evidence adduced in the case he was found guilty of the charge and by judgment dated 5 March, 1971 he was sentenced to four months R.I. by the Magistrate Ist Class and Commandant Group Centre, CRPF, Deoli (Rajasthan), He was lodged in the Civil Jail, Jaipur to undergo the sentence.